By Dan Murphy
White Plains Democratic Party urges the City to settle with Chamberlain family over Wrongful Death in 2011
In a first of its kind vote, members of the White Plains Democratic Issues Committee, passed a resolution, urging the City of White Plains to settle a wrongful death lawsuit filed by the family of Kenneth Chamberlin.
The story of the death of Kenneth Chamberlain is now more than 10 years old, but has never been properly explained or resolved. On November 19, 2011, Chamberlain, a retired Marine and a Westchester County Corrections Officer, had his life aid medical go off, resulting in a response from the White Plains Police.
When WPPD Officers arrived as his apartment, they demanded he open the door, despite Chamberlain telling them that he did not need assistance. After he refused to open the door WPPD broke the door down, resulting in Chamberlain asking “Why do you have your guns out?” Those were his last words.
According to Police, Chamberlain charged at them with a knife, after which he was tasered and fatally shot. A documentary titled The Killing of Kenneth Chamberlain, was released in 2019.
The actions of some members of the White Plains Democratic Committee are unusual, to request that the City of White Plains, the Mayor and Common Council settle the lawsuit filed by the family and accept responsibility.
The resolution passed by the WP Democratic Issues Committee reads, “The City of White Plains has never acknowledged the culpability of its police officers as being directly responsible for the Nov. 19, 2011 killing of Kenneth Chamberlain Sr. in his home and has failed to account for their unconscionable and unwarranted actions. Accordingly, we call on the city to issue a formal apology to the family and the residents of the City of White Plains notwithstanding any pending legal actions.
“II. We view the investigation undertaken by the City and its subsequent findings following the
killing of Kenneth Chamberlain Sr. to be a woefully inadequate response to the officers’ unlawful
entry, excessive force, and violent response to a medical call as spelled out in the US Court of
Appeals decision of May 29, 2020. (Footnotes 1-6.)
“III. We urge the City to enter into a reasonable and adequate settlement with the Chamberlain
family, in which the City acknowledges the officers’ culpability in the matter, which we hope will
provide closure and justice for Mr. Chamberlain Sr. and his family.
“IV. We urge the Common Council to exercise its oversight responsibility and powers by conducting
a prompt, item-by-item review with respect to the implementation to date of the recommendations of
the Final Report of the Police Reform Committee, March 2021, and issuing a public report regarding
the findings of that review.”
The resolution goes to the White Plains Democratic Committee for a vote of all members. The court litigaton of Mr. Chamberlain’s death includes:
On July 2, 2012, Kenneth Chamberlain Jr., the victim’s son, filed a federal civil suit for $21 million against the City of White Plains and the White Plains Police Department.
In September of 2016, a federal judge, Cathy Seibel, dismissed most of the claims contained in the lawsuit and excused several of the original defendants including police officers.
On November 17, 2016, a Westchester jury unanimously rejected the wrongful-death suit, with claims of battery, assault, and excessive force brought by the family of Chamberlain against the city and officer Anthony Carelli, who fired the fatal shot.
The Chamberlain family filed an appeal of Judge Seibel’s 2016 decsion dismissing some of the claims. Some of the claims were reinstated by an appeals court, and the matter is presently in litigation, with a decision pending.
Attorney Andrew Quinn of White Plains, who represents officer Carelli believes the remaining claims will be dismissed. “In our opinion, while the outcome of this encounter was obviously tragic, we steadfastly maintain that officer Carelli’s actions and the actions of all officers on the scene was jutified and lawful.”
